Life imprisonment can, in certain cases, also be imposed for transportation offences causing death, as a maximum term. Some American states[1] and Canada allow judges to impose life imprisonment for such offences.

This sentence does not exist in all countries. Portugal was the first country in the world to abolish life imprisonment by the prison reforms of Sampaio e Melo in 1884. However, where life imprisonment is a possible sentence, there may also be formal mechanisms to request parole after a certain period of imprisonment. This means that a convict could be entitled to spend the rest of the sentence (until he or she dies) outside prison. Early release is usually conditional depending on past and future conduct, possibly with certain restrictions or obligations. In contrast, when a fixed term of imprisonment has ended, the convict is free.

The length of time and the modalities surrounding parole vary greatly for each jurisdiction. In some places, convicts are entitled to apply for parole relatively early, in others, only after several decades. However, the time until being entitled to apply for parole does not necessarily tell anything about the actual date of parole being granted. Article 110 of the Rome Statute of the International Criminal Court (ICC) stipulates that for the gravest forms of crimes (such as war crimes, crimes against humanity, and genocide), a prisoner ought to serve two-thirds of a fixed sentence, or 25 years in the case of a life sentence. The highest determined prison sentence that can be imposed in the ICC, aside from life imprisonment, is 30 years (article 77 1) a)). After this period, the court will review the sentence to determine whether or not it should be reduced.

The US has the world's largest population behind bars and leads in life sentences as well, at a rate of 50 people per 100,000 residents imprisoned for life.[2] Some technically finite sentences are handed out, especially in the United States that exceed a century and thus are seen as being symbolic life sentences, since without indefinite life extension nobody would ever be able to live long enough to serve those sentences. Courts in South Africa have handed out at least two sentences that have exceeded a century (to Moses Sithole and Eugene de Kock) and were thus symbolic life sentences.

Unlike other areas of criminal law, sentences handed to minors do not differ from those given to legal adults. A few countries worldwide allow for minors to be given lifetime sentences that have no provision for eventual release. Countries that allow life imprisonment without the possibility of parole for juveniles include Antigua and Barbuda, Argentina (only juveniles between the ages of 16 and 18, as those under the age of 16 cannot be held accountable for their actions and cannot be tried),[3] Australia, Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and the United States. Of these, only the United States currently has minors serving such sentences.[4] As of 2009, Human Rights Watch had calculated that there were 2,589[5][6] youth offenders serving life without parole in the United States.[7]

Mugshot of Burton Phillips, convicted for life imprisonment for bank robbery, 1935

Graham v. Florida was a significant case in juvenile justice. In Jacksonville, Florida, Terrence J. Graham tried to rob a restaurant along with three adolescent accomplices. During the robbery one of Graham's accomplices had a metal bar that he used to hit the restaurant manager twice in the head. Once arrested, Graham was charged with attempted armed robbery and armed burglary with assault/battery. The maximum sentence he faced from these charges was life without the possibility of parole, and the prosecutor wanted to charge him as an adult. During the trial, Graham pled guilty to the charges, resulting in three years of probation, one year of which had to be served in jail. Since he had been awaiting trial in jail, he already served six months and therefore was released after six additional months.[9]

Within six months of his release, Graham was involved in another robbery. Since he violated the conditions of his probation, his probation officer reported to the trial court about his probation violations a few weeks before Graham turned 18 years old. It was a different judge presiding over his trial for the probation violations a year later. While Graham denied any involvement of the robbery, he did admit to fleeing from the police. The trial court found that Graham violated his probation by "committing a home invasion robbery, possessing a firearm, and associating with persons engaged in criminal activity",[9] and sentenced him to 15 years for the attempted armed robbery plus life imprisonment for the armed burglary. The life sentence Graham received meant he had a life sentence without the possibility of parole, "because Florida abolished their parole system in 2003".[9]

Graham's case was presented to the United States Supreme Court, with the question of whether juveniles should receive life without the possibility of parole in non-homicide cases. The Justices eventually ruled that such a sentence violated the juvenile's 8th Amendment rights, protecting them from punishments that are disproportionate to the crime committed,[9] resulting in the abolition of life sentences without the possibility of parole in non-homicide cases for juveniles.

The Supreme Court considered, in the spring of 2012, the question of whether or not minors should be sentenced, at least automatically, to life without parole for any crime at all, including the only cases in which such a punishment was at that time an option: first-degree murder with aggravating factors (felony murder, where life without parole was then given as an option to juveniles, and where an adult in the same context could be charged with capital murder and given life or the death penalty).[10] On 25 June 2012, according to the Catholic News Service (CNS) news brief posted that day,[11] the Court ruled on the case of Miller v. Alabama in a 5–4 decision and with the majority opinion written by Associate Justice Elena Kagan that life in prison without parole as an automatic sentence would be considered unconstitutional in all cases in the United States. The majority opinion stated that the judge should take into account mitigating factors and other information that are usually of relevance during the sentencing phase. Such factors would include, but are not limited to: information on the nature of the crime and the victim(s), age, record, potential for rehabilitation and contribution to society, wishes of the prosecution, defense, and the victim's family, maturity level, degree of malice and forethought and degree of participation, aggravating circumstances or accompanying crimes, family environment and related circumstances such as a history of mistreatment, literacy and educational level, psychosocial and neurological development, and many others. Their reasoning was that such a sentence violated the Eighth Amendment to the U.S. Constitution's ban on cruel and unusual punishment. The decision was announced on the penultimate day of the 2011–12 Supreme Court term. For now, a sentence of life in prison without parole could still be handed down for aggravated first-degree murder if it was determined, after those relevant considerations, to be warranted.

In a number of countries, life imprisonment has been effectively abolished. Many of the countries whose governments have abolished both life imprisonment and indefinite imprisonment have been culturally influenced or colonized by Spain or Portugal, and have written such prohibitions into their current constitutional laws.

A number of European countries have abolished all forms of indefinite imprisonment, including Serbia, Croatia, and Spain, which set the maximum sentence at 40 years, Bosnia and Herzegovina, which sets the maximum sentence at 45 years, and also Portugal, which sets the maximum sentence at 30 years, while Norway has abolished life imprisonment but retains other forms of indefinite imprisonment.

The only country in Asia to have abolished all forms of indefinite imprisonment is the Chinese dependency (Special Administrative Region) and former Portuguese colony of Macau, which maintains a maximum sentence of 30 years, having inherited the law from the Portuguese colonial administration. Three African countries, the Republic of the Congo, Mozambique, and Cape Verde have abolished life imprisonment; the maximum sentence is 30 years in Mozambique and Republic of the Congo, and 25 years in Cape Verde.

In South and Central America, Honduras, Nicaragua, El Salvador, Costa Rica, Venezuela, Colombia, Uruguay, Bolivia, Ecuador, and the Dominican Republic have all abolished life imprisonment. The maximum sentence is 75 years in El Salvador, 60 years in Colombia, 50 years in Costa Rica and Panama, 40 years in Honduras, 35 years in Ecuador, 30 years in Nicaragua, Bolivia, Uruguay, and Venezuela, and 25 years in Paraguay. Brazil has a maximum sentence of 30 years under statutory law, but capital punishment and life imprisonment during wartime (for military crimes such as treason, desertion, and mutiny) are allowed in the Constitution.

15 years (Imprisonment for a definite period)
or never (Imprisonment for lifetime, when clemency is rejected by President)

None

Yes

Genocide

Murder, high level drug dealing, Nazi activism, production or distribution of chemical warfare agents to be used in armed conflict; abduction, robbery, rape and statutory rape if the crime causes the victim's death, sea and air piracy and arson if the crime causes the death of a large number of people

Some cases of murder, public endangerment, treason, terrorism, genocide, crimes against humanity, use of forbidden combat device or forbidden combat tactics, war crimes, persecution of population, misuse of international symbols

Some cases of murder, some cases of handling drugs, crimes against humanity, genocide, acts of war against civilians, terrorism, violence against the independence of Estonia, causing an explosion using nuclear energy.[26]

Yes, only for someone over the age of 21 (in very rare cases extremely dangerous criminals can get Life Sentences above the age of 18).

Since 1977: Decision of the judge leading the case, a minimum of 15 years without parole is required by law before parole can be granted to someone serving life in prison. In most, nearly all cases the judge sentences someone who gets life in prison to serve a minimum of 15 years.[29] Before 1977 a life sentence meant life in prison without the possibility of parole except for a full pardon from the Federal President. This law was ruled unconstitutional by the German Federal Constitution Court.

None

No

Aggravated murder,[30] genocide resulting in death,[31] crimes against humanity resulting in death,[32] war crimes against persons resulting in death[33]

Under the Age of 14: Never prosecuted. 14–18: max. 10 years imprisonment and 18–21: either a maximum of 15 years imprisonment or life in prison. A person between the ages of 18 and 21 can be tried before a Juvenile Court "Jugendgericht" (wich happens in almost all cases concerning minors) or an Adult Court, which is determined by the intellectual development of the accused and the severity of the crime itself.

Attack on monarch, violence to parliament, several facts constituting an offence resulting in death of (a) person(s) (not manslaughter), manslaughter in combination with other facts, facts with intent to terrorism, treason

18 years or never, but parole hearing may be held after 10 years served, thus fixing a much later date for release on parole

None

Yes

None

Murder, kidnapping, arson, sabotage, devastation, hijacking, espionage, terror crimes, rebellion, endangering the public health by spread of contagion or poison, disloyalty when negotiating with foreign powers, dealing with anti-personnel mines, cluster bombs or chemical or nuclear weapons, unlawful nuclear explosion, treason, genocide and (the following in wartime only) mutiny, insubordination, undermining the will to fight, desertion, unauthorised capitulation, negligence of war preparations and negligence of battle duty; attempts, accessories, accomplices and incitements of all the above crimes might also be punished with life. [43]

under 21: no life imprisonment

By the District Court of Orebro (parole hearing). Or by the Government (pardon).[44]

Life imprisonment: 24 years (30 if organized crime), Multiple life imprisonments: 30 years (34 if organized crime), Aggravated life imprisonment: 30 years (36 if organized crime), Multiple aggravated life imprisonments: 36 years (40 if organized crime), or never (aggravated life imprisonment for terrorism)

None

Yes

Murder with special cirucumstances, treason, terrorism

Sexual offences, military and political crimes

Maximum 24 years

By President in case of permanent illness, rehabilitation, disability or decrepitude

All common law offences, rape, inflicting grievous bodily harm with intent, treason, aggravated burglary, criminal damage with intent to endanger life, hijacking, destroying or endangering safety of an aircraft, possession of a firearm with intent to endanger life, possession of a firearm with criminal intent, use of a firearm to resist arrest, terrorism, Importing or supplying Class A controlled drug

10-17: starting point 12 years, maximum usually 15 years.18-20: starting point 15 years, up to 30 years if serious enough that it would require a "whole life tariff" if the offender was 21+.21+: starting point 15 years, whole life tariff or "forever". All offenders at least aged under 21 have to be set a release or parole date.

^Brazil's Constitution prohibits the death penalty with a saving allowing the death penalty in wartime, if the state of war is duly declared by Congress (art. 5, item XLVII, subitem "a)"); the Constitution's next line (art. 5, item XLVII, subitem "b)"), prohibits life sentences. The clause prohibiting life imprisonment does not contain a saving similar to the death penalty clause, and thus life sentences are not allowed even in wartime. It is unclear, however, if the Presidential power of mercy, that allows the President to pardon or commute a penal sentence, could be used to reduce a death penalty imposed in wartime, transforming it into a sentence of life imprisonment.

^(The court may decide that only the time in less-than-maximum security prison counts for the purposes of parole and that the convict must serve at least ten years in maximum security; good behavior record needed for transfer to lower security in which 20 years must be served then)